Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 192

Trial may proceed in absence of accused

192.
(1) Where the accused-
(a) is absconding or has left the island; or
(b) is unable to attend or remain in court by reason of illness and either had consented to the commencement or continuance of the trial in his absence of such trial may commence and proceed or continue in his absence without prejudice to him ; or
(c) by reason of his conduct in court is obstructing or impeding the progress of the trial, the Magistrate may, if satisfied of these facts, commence and proceed with the trial in the absence of the accused.
(2) Where in the course of or within a reasonable time of the conclusion of the trial of an accused person under paragraph (a) of subsection (1) the accused person appears in court and satisfies the court that his absence from the whole or part of the trial was bona fide, then.-
(a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before court shall be read to him and . an opportunity afforded to him to cross-examine the witnesses who gave such evidence; and
(b) where the trial has been concluded, the court shall set aside the conviction and sentence, if any, and order that the accused be tried de novo.
(3) The provisions of subsection (2) shall not apply if the accused person had been defended by an attorney-at-law at the trial during his absence.


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